The Miami Herald

Posted on Friday, Mar. 30, 2006

Developers retreat from UDB

Developer Lucky Start pulled the plug on its application to move the Urban Development Boundary, becoming the third builder to retreat.

BY MATTHEW HAGGMAN AND TERE FIGUERAS NEGRETE
mhaggman@MiamiHerald.com

Residential developers proclaimed last year the time had come to move Miami-Dade's Urban Development Boundary to build new homes on hundreds of acres of land. But now the same developers are in headlong retreat.

On Wednesday, developer Lucky Start became the third home builder in recent weeks to announce it is yanking its bid to alter the line that limits large-scale development along the county's western and southern border.

Simon Ferro, Lucky Start's attorney, said the Miami developer ''determined the support would not be there and decided to withdraw.'' Ferro declined further comment and Jorge Fernandez, head of Lucky Start, did not return calls.

The residential projects in particular have been a lightning rod for debate. They have drawn impassioned opposition because of fears of crowded schools, congested roadways and further strains on the county's infrastructure. However, developers have countered that new residential building outside the line would create much-need affordable houses.

The three biggest residential projects are now out of the bidding. Lucky Start's 193-acre Newest Kendall project was the latest, Shoma Homes withdrew in February and Adrian Development Group withdrew last week.

Nine projects remain for building warehouses, offices and stores. Two could include relatively small-scale plans for new homes. The planning advisory board will review the applications today and the county commission is set to vote on them in mid-April.

REMAINING PROJECTS

Cynthia Guerra, executive director of Tropical Audubon, said the remaining, mostly commercial projects are no better than the recently withdrawn residential ones.

''The only thing that falls out of the mix is the impact of schools,'' Guerra said. ``But all the other issues still exist -- the other applications still consume water, still add to traffic, still impact the environment.''

Established in 1975, the UDB limits building to one dwelling per five acres outside the line. The boundary has not been moved for residential development in more than a decade. After a bruising fight, it was altered for two industrial projects in 2002.

Last year, a dozen developers filed applications to move it, but faced growing opposition.

''Now we need to focus our energies on planning for the future,'' said Lani Kahn Drody, president of the Builders Association of South Florida. "We can't have the 5-acre ranchette hobby farmers continuing to gobble up our precious resource of land when we have issues of housing affordability to face.''

The fight over the UDB has been a David-and-Goliath face-off: A cadre of well-funded developers, backed by legions of lobbyists and attorneys, versus a grass-roots movement that ranged from homeowners associations to environmental groups.

But opponents to moving the line have been joined by powerful regulatory, political and business interests. Earlier this year the county came under blunt criticism from state regulators, who warned that future development would be cut off unless the county revamped its long-range water usage plans.

Last month, the Florida Department of Community Affairs strongly recommended that Miami-Dade commissioners deny all the applications -- even those within the urban boundary -- citing such concerns as water, traffic and schools.

RECOMMENDATIONS

The Miami-Dade Department of Planning & Zoning recently recommended that all but one application -- a 14.7 acre office project -- be denied. And Gov. Jeb Bush, along with powerful home builders like Sergio Pino, have said now is not the time to move the line.

Developers continued to tweak their applications in hopes of appealing to the county commission. For instance, Lucky Start recently offered a covenant that would prevent them from breaking ground until 2009.

But Commission Chair Joe Martinez, who represents the congested West Kendall area and who himself endures an hours-long commute, told residential applicants in November he wouldn't support them unless they could come up with a traffic plan.

Martinez said Wednesday such a plan has not been formulated and said he would have voted against Lucky Start.

WRONG TIMING

''It's a beautiful project, but the timing is not right,'' said Martinez, who met with Lucky Start's Fernandez this week. "Let them apply next cycle. I'm not going to support any residentials until the traffic is improved.''

But the fight isn't over. Three proposals seeking to build massive residential projects outside the line are working their way through the South Florida Regional Planning Council -- a process that takes many months but eventually results in the applications going before the county.

''It's good to celebrate our victories,'' said Jamie Furgang, a leader in the Hold The Line campaign. "But we also know the goalposts are always moving.''